Weekend Law: TikTok Ban Upheld & Trump's Day One Orders
Jan 18, 2025
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Eric Goldman, a high-tech law expert, discusses the Supreme Court's recent upholding of the TikTok ban, emphasizing national security concerns over user rights. David Super dives into Trump’s plans for aggressive executive orders on his first day, touching on their legal implications. Meanwhile, Eugene Volokh addresses age verification laws for adult sites, highlighting the balance between protecting minors and free speech. The conversation reveals the complexities of modern legal challenges in technology and governance.
The Supreme Court's unanimous ruling to uphold the TikTok ban highlights prioritization of national security concerns over individual free speech rights.
Legal discussions about Trump's planned executive orders emphasize the boundaries of presidential authority and the potential for constitutional challenges.
Deep dives
Supreme Court Upholds TikTok Ban
The Supreme Court unanimously upheld a ban on TikTok, citing national security concerns over its ties to China. The court emphasized the government's apprehensions regarding the potential for the Chinese government to access sensitive data on American users, which could threaten national security. The ruling ignored the free speech rights of TikTok users, as justices dismissed the impact the ban would have on how 170 million Americans communicate. The court's reasoning showed a deference to legislative claims about the dangers posed by TikTok, prioritizing perceived national security over individual rights.
Judicial Deference and Evidence Issues
The court's decision followed a medium level of scrutiny which favored Congress's findings regarding TikTok's threats. Critically, the justices disregarded secretive evidence related to national security, making their ruling primarily based on publicly available justifications. This lack of a thorough examination meant that many contested facts about TikTok's operations were not adequately challenged. The ruling raised concerns about the process through which this verdict was reached, particularly as it bypassed standard judicial review procedures, potentially compromising thorough judicial scrutiny.
Executive Orders and Presidential Power
Discussion emerged regarding the potential use of executive orders by President Trump on his first day in office, aiming for significant changes that reflect his agenda. While some orders may impact immigration and social policy, legal experts highlight that the president cannot overreach his constitutional authority through executive orders. The legality of proposals like ending birthright citizenship or enacting sweeping tariffs raises questions about the limits of presidential power. Trump's approach could create a spectacle of rapid executive action, yet many of these would likely be challenged in court based on constitutional grounds.
Implications of Age Verification Laws for Pornography
The Supreme Court recently tackled the constitutionality of Texas's age verification law for pornographic websites, highlighting the delicate balance between protecting minors and upholding adult privacy rights. Legal experts noted that while age screening may be necessary, it must not impose excessive burdens on adults seeking access to content. The court appears to lean toward applying strict scrutiny to such laws, which would require authorities to justify legislation that encroaches on adult rights. As various states implement similar laws, the constitutional debate surrounding this issue is likely to continue, demanding a reexamination of existing precedents.
Eric Goldman, a professor at Santa Clara University Law School and co-director of the High Tech Law Institute, discusses the Supreme Court upholding the law banning TikTok. David Super, a professor at Georgetown Law and a constitutional law expert, discusses Trump’s intention to issue 100 executive orders on day one. Eugene Volokh, a professor at UCLA Law School and a First Amendment expert, discusses Supreme Court oral arguments on a Texas law requiring age verification to access porn sites. June Grasso hosts.